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*Unsecured debt includes credit cards, lines of credit, bank overdrafts, payday loans, and unsecured personal loans (excluding student loans). It does not include mortgages and car loans.

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How can we help you?

If you have unsecured debt of under $10,000 and live in the Province of Ontario filing bankruptcy may not be the best option for you. We suggest you contact the Office of the Superintendent of Bankruptcy at 416-973-6441 to discuss your options, or you can visit their website here.

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Out of the country

How do I file for bankruptcy in Canada if I do not currently reside there?

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One Response to “Out of the country”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

According to section 49(3) of the Bankruptcy & Insolvency Act, you must file for bankruptcy in the â€œlocality of the debtorâ€. In addition, to file bankruptcy in Canada you must personally meet with, and be assessed by, a licensed trustee in bankruptcy, and you must attend two credit counseling sessions with a credit counselor.

Therefore it is generally difficult to file bankruptcy in Canada without returning to Canada. Our general advice is as follows:

First, if you have no plans to return to Canada, it is unlikely that your Canadian creditors will pursue you legally outside of Canada, so you could just do nothing until they actually take formal legal action against you abroad.

Alternatively, you could return to Canada and meet with a trustee to file the bankruptcy.

To decide which course of action is best, we recommend that you contact a licensed bankruptcy trustee in Canada to review your options, and perhaps contact an insolvency practitioner in the country you are living and have them review your situation as well.